What was the outcome of Tenancy Tribunal case 4841384?

The tribunal order states: The tenancy of Raui Tupou at 2a Atkinson Avenue, Papatoetoe, Auckland 2105

How much money was awarded in case 4841384?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,632.14 awarded to landlord

What type of tenancy dispute was case 4841384?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4841384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10296095-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4841384?

The tribunal order states: The tenancy of Raui Tupou at 2a Atkinson Avenue, Papatoetoe, Auckland 2105

How much money was awarded in case 4841384?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,632.14 awarded to landlord

What type of tenancy dispute was case 4841384?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4841384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10296095-Tenancy_Tribunal_Order.pdf.

2a Atkinson Avenue, Papatoetoe, Auckland 2105 Tenancy Tribunal Case 4841384 — Rent arrears

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2a Atkinson Avenue, Papatoetoe, Auckland 2105 Tenancy Tribunal Case 4841384 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4841384 — net $10,200.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,632.14	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,200.58
Total payable by Tenant to Landlord	$10,200.58

Claims and awards for application 4841384 — net $10,200.58 NZD. Verify on MoJ.

Rent arrears

Amount: $10,632.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $10,200.58

Total payable by Tenant to Landlord

Landlord $10,200.58

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Raui Tupou at 2a Atkinson Avenue, Papatoetoe, Auckland 2105 is terminated, and possession is granted to Monte Cecilia Housing Trust, at 5pm on Tuesday, 7 May 2024.
The Bond Centre is to pay the bond of $452.00 (6271348-008) to Monte Cecilia Housing Trust immediately.
Raui Tupou must pay Monte Cecilia Housing Trust $10,200.58 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$10,632.14 Filing fee reimbursement$20.44 Total award$10,652.58 Bond$452.00 Total payable by Tenant to Landlord$10,200.58
The landlord’s claim for water rates is dismissed.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The tenant asked whether there was an alternative to termination. I considered whether I could grant a conditional termination order. The tenant did not satisfy me that she could pay the arrears within and reasonable timeframe. Also, rent has not been paid for a number of months and the landlord has had difficulty obtaining access to the property.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord claimed arrears of $12,922.14. However, the rent summary showed a deduction by the landlord for repairs of $2,290 in December 2022. The tenant had no recollection of agreeing to pay for any repairs and the landlord has no record of any such agreement. As such, I am not persuaded that the landlord was entitled to take a rent credit and apply it elsewhere. I find that the rent owing to the end of the tenancy is $10,632.14.
The landlord also claimed water rates but did not provide any evidence that the tenant received an invoice for, or was advised, of the amount of water rates owing during the tenancy. The landlord did not establish its claim for water rates.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4841384 — net $10,200.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,632.14	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,200.58
Total payable by Tenant to Landlord	$10,200.58

Claims and awards for application 4841384 — net $10,200.58 NZD. Verify on MoJ.

Rent arrears

Amount: $10,632.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $10,200.58

Total payable by Tenant to Landlord

Landlord $10,200.58

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Raui Tupou at 2a Atkinson Avenue, Papatoetoe, Auckland 2105 is terminated, and possession is granted to Monte Cecilia Housing Trust, at 5pm on Tuesday, 7 May 2024.
The Bond Centre is to pay the bond of $452.00 (6271348-008) to Monte Cecilia Housing Trust immediately.
Raui Tupou must pay Monte Cecilia Housing Trust $10,200.58 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$10,632.14 Filing fee reimbursement$20.44 Total award$10,652.58 Bond$452.00 Total payable by Tenant to Landlord$10,200.58
The landlord’s claim for water rates is dismissed.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The tenant asked whether there was an alternative to termination. I considered whether I could grant a conditional termination order. The tenant did not satisfy me that she could pay the arrears within and reasonable timeframe. Also, rent has not been paid for a number of months and the landlord has had difficulty obtaining access to the property.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord claimed arrears of $12,922.14. However, the rent summary showed a deduction by the landlord for repairs of $2,290 in December 2022. The tenant had no recollection of agreeing to pay for any repairs and the landlord has no record of any such agreement. As such, I am not persuaded that the landlord was entitled to take a rent credit and apply it elsewhere. I find that the rent owing to the end of the tenancy is $10,632.14.
The landlord also claimed water rates but did not provide any evidence that the tenant received an invoice for, or was advised, of the amount of water rates owing during the tenancy. The landlord did not establish its claim for water rates.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4841384 — Rent arrears at 2a Atkinson Avenue, Papatoetoe, Auckland 2105

At a glance

Tenancy Tribunal case 4841384 — Rent arrears at 2a Atkinson Avenue, Papatoetoe, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions